Patrik Sampati or Ancestral Property is a very important term in Hindu succession law. It is important to learn about all the facts about patrik sampati so anyone can avoid the confusion if they are fighting for their rights in an undivided hindu family.
Before proceeding to legal importance of this term, let’s learn about some facts of patrik sampati-
Important Facts about Patrik Sampati
Any undivided Hindu family property that has been in a family of four generations is considered as ancestral property. According to Hindu law, the great grandfather should have owned this land, which would then transfer to your grandfather. It will transfer to your father first, then to you in an undivided form, upholding the order.
The property is no longer considered ancestral if your granddad divided it between your father's siblings before his passing.
A person's inheritance is ancestral property. Every additional asset or privately acquired property is subject to legal action upon the decedent's death. Yet, if the property is inherited, your birth qualifies you to claim your rights.
A undivided Hindu family property cannot be sold without the approval of the other property owners.
If a property is from your mother's side, it is not an ancestral property. If only the father is living after 2005, a daughter may claim or inherit their right to ancestral property, according to a 2005 Supreme Court ruling. Hence, maternal property will eventually be just as important as ancestral property.
What are the rights to Patrik Sampati?
It’s very important to know about equal rights to patrik sampati under Hindu succession law. Let us learn more about it in detail.
The Hindu Succession Act of 1956 states that if father dies without making a will, then the Class I heirs have priority. The child has a legal claim to the inherited property since they are a victim of circumstances. A son could occasionally inherit a portion of his father's wealth, nevertheless.
In the absence of a Class I father's child, a stepson may assert his claim to his stepfather's ancestral property.
According to the Hindu Succession Act of 1956, daughters would have equal rights to the family's property as of 2005. Like a son, the daughter has a birth right to assert her ownership over her father's possessions. The daughter may assert her rights in the same manner as the son in the event that the father goes away without dividing his own or inherited property. The daughter's marital status is immaterial in this situation. Your rights will not be determined depending on whether you are married or single.
The father has the full right to distribute the property anyway he sees fit if it was obtained on his own.
The father can gift or leave his property to anybody he chooses if he chooses not to leave it to his children.
A Will requires attestation from more than two witnesses. You must append your signature to the Will in front of each of these witnesses.
Assure that a property is uninterrupted during at minimum four different ages if you want it to be inherited. You have a father, grandfather, great-grandfather, and great-great-grandfather in that person. If it diverges from its family, it is no longer referred to as a lineal feature. A self-gained property is one that has been broken or divided among its coparceners.
Conclusion
Patrik Sampati is very essential term under Hindu succession law and you must be aware of all the facts and consequences about this. Whenever there is any dispute, you can only handle it if all the legal knowledge has been provided to you. If there is any dispute in your patrik sampati, you can seek for legal advice and fight for it. If you want any legal advice regarding undivided family property disputes or patrik sampati rights, then you can contact us on below details.
Contact Number - +919714390222
Email Id – support@anilrathore.com
Website - https://www.anilrathore.com
Yorumlar